Harbaugh speculated after April's draft -- when San Francisco selected quarterback Colin Kaepernick in the second round -- that Smith would return.

"I think he's going to come back to the team," Harbaugh said April 30. "He has not signed a contract."

Harbaugh changed his strategy during an interview with The Press Democrat last week.

"I'm not answering any questions about Alex Smith," Harbaugh said. "The league has mandated we do not talk about him. The NFL has mandated that we don't talk about players who are not under contract -- who are free agents who haven't signed. We've been sent a memo saying we can't talk about it."

A 49ers spokesman told the newspaper that the league had contacted the team about the situation. However, NFL spokesman Greg Aiello told The Press Democrat he wasn't aware of the contact between the league and the 49ers.